Assault is a criminal act that involves the threat or use of force against another person. The term may also be used to refer to a specific type of physical harm that is inflicted on the victim, such as bruising or a cut. Assault can be charged as a felony or misdemeanor depending on the circumstances of the incident.
For assault to be charged, the defendant must cause the victim to fear immediate harm. The actual fear of harm does not have to be present, but the victim must perceive that such a threat is imminent. The perception must be reasonable, meaning that it is one that a typical person in the victim’s situation would have.
The victim of the assault must be a protected person (such as a police officer, judge, or social worker). Some jurisdictions also require the attacker to have a weapon, cause serious injury, or commit the assault against a member of the military. Aggravated assault is more serious than simple assault, and it can be punishable by up to 10 years in prison and a fine.
If you have been arrested for Assault, you should start collecting evidence that supports your innocence right away. This can include photographs, videos, text messages, and witness statements. If you are eligible, you should participate in pretrial diversion programs that could result in your charges being dismissed. You should also consult with your attorney about possible negotiated plea agreements.
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